LexThe Telangana Court-fees and Suits Valuation Act, 1956.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA COURT-FEES AND SUITS VALUATION
ACT, 1956.
(ACT NO. VII OF 1956.)
ARRANGEMENT OF SECTIONS
Sections
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
2. Application of Act.
3. Definitions.
CHAPTER II
LIABILITY TO PAY FEE.
4. Levy of fee in Courts and public offices.
5. Collection of proper fee on documents.
6. Multifarious suits.
7. Determination of market value.
8. Set-off or counter-claim.
9. Documents falling under two or more
descriptions.
CHAPTER III
DETERMINATION OF FEE.
10. Statement of particulars of subject-matter of suit
and plaintiff’s valuation thereof.
11. Decision as to proper fee.
12. Relinquishment of portion of claim.
13. Fee payable on written statements.
14. Fee payable on appeals, etc.
2 [Act No. VII of 1956]
15. Fee payable on petitions, applications, etc.
16. Court-fee Examiners.
17. Inquiry and commission.
18. Notice to the State Government.
CHAPTER IV
COMPUTATION OF FEE.
19. Fee how computed.
20. Suits for money.
21. Suits for immovable property.
22. Suits for maintenance and annuities.
23. Suits for movable property.
24. Suits for declaration.
25. Adoption suits.
26. Suits for injunction.
27. Suits relating to trust property.
28. Suits for possession under the Specific Relief Act,
1877.
29. Suits for possession not otherwise provided for.
30. Suits relating to easements.
31. Suits relating to mortgages.
32. Suits for accounts.
33. Suits for dissolution of partnership.
34. Partition suits.
35. Suits for joint possession.
36. Administration suits.
37. Suits for cancellation of decrees, etc.
[Act No. VII of 1956] 3
38. Suits to set aside attachment, etc.
39. Suits for specific performance.
40. Suits between landlord and tenant.
41. Suits for mesne profits.
42. Suits under the Telangana Survey and
Boundaries Act, 1923.
43. Suits to alter or cancel entry in a register.
44. Suits relating to public matters.
45. Interpleader suits.
46. Third party proceedings.
47. Suits not otherwise provided for.
48. Fee on memorandum of appeal against order
relating to compensation.
49. Appeals.
CHAPTER V
VALUATION OF SUITS.
50. Suits not otherwise provided for.
51. Procedure where objection is taken on appeal or
revision that a suit or appeal was not properly
valued for jurisdictional purposes.
CHAPTER VI
PROBATES, LETTERS OF ADMINISTRATION
AND CERTIFICATES OF ADMINISTRATION.
52. Application for probate or letters of
administration.
53. Levy of fee.
54. Grant of probate.
55. Relief in cases of several grants.
4 [Act No. VII of 1956]
56. Inquiry by the Collector.
57. Application to Court and powers of Court.
58. Provision for cases where insufficient fee has
been paid.
59. Administrator to give proper security before
letters are stamped.
60. Relief when fee has been paid in excess.
61. Recovery of penalities, etc.
62. Powers of Board of Revenue.
CHAPTER VII
REFUNDS AND REMISSIONS.
63. Refund in cases of rejection of plaint, etc., for
delay.
64. Refund in cases of remand.
65. Refund in cases of review.
66. Refund of fee paid by mistake or inadvertence.
66-A. Refund of fee.
67. Exemption of certain documents.
68. Power to reduce or remit fees.
CHAPTER VIII
MISCELLANEOUS.
69. Collection of fees by stamps.
70. Stamps to be impressed or adhesive.
71. Amended document.
72. Cancellation of stamp.
73. Deduction to be made.
74. Penalty.
[Act No. VII of 1956] 5
75. Power of High Court to make rules.
76. Power of Board of Revenue to make rules.
77. Power of Government to make rules.
78. Continuance in force of existing rules.
79. Repeal and saving.
Schedule I.
Schedule II.
Schedule III.
THE TELANGANA COURT-FEES AND SUITS VALUATION
ACT, 1956.1
ACT No. VII OF 1956.
CHAPTER I
PRELIMINARY.
1. (1) This Act may be called 2the Telangana Court -fees
and Suits Valuation Act, 1956.
(2) It extends to the whole of the State of 2Telangana.
(3) It shall come into force on such date as the State
Government may, by notification in the 2Telangana Gazette
appoint.
2. (1) The provisions of this Act shall not apply to
documents presented or to be presented before an officer
serving under the Central Government.
(2) The provisions of this Act relating to the levy of fee
shall be subject to the provisions of any oth er law relating to
the levy of fee in respect of proceedings under such law.
1. This Act was extended to the territories specified in sub -section (1) of
section 3 of the States Reorganisation Act, 1956 (Central Act 37 of 1956)
by section 2 of the Andhra Pradesh Court -fees and Suits Valuation
(Amendment) Act, 1958 (Andhra Pradesh Act I V of 1958), repealing the
corresponding law in force in those territories. The Andhra Pradesh
Court-fees and Suits Valuation Act, 1956, in force in the combined State,
as on 02.06.2014, has been adapted to the State of Telangana, under
section 101 of the A ndhra Pradesh Reorganisation Act, 2014 (Central
Act 6 of 2014) vide. the Telangana Adaptation of Laws Order, 2016,
issued in G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
2. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Short title, extent
and
commencement.
Application of Act.
2 [Act No. VII of 1956]
3. In this Act, unless the context otherwise requires,-
(i) “appeal” includes a cross-objection;
(ii) “Court” means any Civil, Revenue or Criminal Court
and includes a Tribunal or other authority having jurisdiction
under any special or local law to decide questions affecting
the rights of parties;
(iii) “prescribed” means prescribed by rules made under
this Act; and
(iv) expressions used and not defined in this Act or in
3[the Telangana General Clauses Act, 1891 (Act I of 1891)],
but defined in the Code of Civil Procedure, 1908 (Central Act
5 of 1908), shall have the meanings respectively assigned to
them in the said Code.
CHAPTER II
LIABILITY TO PAY FEE.
4. No document which is chargeable with fee under this
Act shall-
(i) be filed, exhibited or recorded in, or be acted on or
furnished by, any Court including the High Court, or
(ii) be filed, exhibited or recorded in, any public office, or
be acted on or furnished by any public officer, except on
payment of the fee chargeable in respect of such document
under this Act:
Provided that a document in respect of which the proper
fee has not been paid may be filed or exhibited in a Criminal
3. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Definitions.
Levy of fee in
Courts and public
offices.
[Act No. VII of 1956] 3
Court if the Court deems it necessary in the interests of
justice to do so.
5. When a document on which the whole or any part of the
fee payable under this Act has not been paid is produced or
received in any Court or public office, the Court or the head
of the office may, at any time, direct the person by whom
such fee is payable to pay the fee or part thereof, as the
case may be, within such time as may be fixed; and upon
such payment, the document shall be dealt with as if the full
fee had been paid in the first instance.
6. (1) In any suit in which separate and distinct reliefs
based on the same cause of action are sought, the plaint
shall be chargeable with a fee on the aggregate value of the
reliefs:
Provided that if a relief sought is only ancillary to the
main relief, the plaint shall be chargeable only on the value
of the main relief.
(2) Where more reliefs than one based on the same
cause of action are sought in the alternative in any suit, the
plaint shall be chargeable with the highest of the fees
leviable on the reliefs.
(3)(a) Where a suit is based on two o r more distinct and
different causes of action and separate reliefs are sought in
respect thereof, either alternatively or cumulatively, the
plaint shall be chargeable with the aggregate amount of the
fees that would be chargeable on the plaints under this Act if
separate suits were instituted in respect of the several
causes of action:
Provided that, where the causes of action in respect
of reliefs claimed alternatively against the same person arise
Collection of
proper fee on
documents.
Multifarious suits.
4 [Act No. VII of 1956]
out of the same transaction, the plaint shall be charg eable
only with the highest of the fees chargeable on them.
(b) Nothing in this sub -section shall be deemed to
affect any power conferred upon a Court by rule 6 of Order II
in the First Schedule to the Code of Civil Procedure, 1908
(Central Act 5 of 1908).
(4) The provisions of this section shall apply mutatis -
mutandis to memoranda of appeals, applications, petitions
and written statements.
Explanation.- For the purpose of this section, a suit for
possession of immovable property and for mesne profits
therefrom shall be deemed to be based on the same cause
of action.
7. Save as otherwise prov ided, where the fee payable
under this Act depends on the market value of any property,
such value shall be determined as on the date of
presentation of the plaint.
8. A written statement pleading a set -off or counter -claim
shall be chargeable with fee in the same manner as a plaint.
9. A document falling within two or more descriptions in
this Act shall, where the fees chargeable thereunder are
different, be chargeable only with the highest of such fees:
Provided that, where one of such descriptions is special
and another general, the fee chargeable shall be the fee
appropriate to the special description.
Determination of
market value.
Set-off or counter-
claim.
Documents falling
under two or more
descriptions.
[Act No. VII of 1956] 5
CHAPTER III
DETERMINATION OF FEE.
10. In every suit in which the fee payable under this Act on
the plaint depends on the market value of the subject -matter
of the suit, the plaintiff shall file with the plaint, a statement in
the prescribed form, of particulars of the subject -matter of
the suit and his valuation thereof unless such particulars and
the valuation are contained in the plaint.
11. (1)(a) In every suit the Court shall, before ordering the
plaint to be registe red, decide on the allegations contained
in the plaint and on the materials furnished by the plaintiff
the proper fee payable thereon.
(b) The decision of the Court under clause (a)
regarding the proper fee payable shall be subject to review
from time to time as occasion requires.
(2) Any defendant may plead that the subject -matter of
the suit has not been properly valued or that the fee paid is
not sufficient. All questions arising on such pleas shall be
heard and decided before the hearing of the suit as
contemplated by Order XVIII in the First Schedule to the
Code of Civil Procedure, 1908 (Central Act 5 of 1908). If the
Court decides that the subject -matter of the suit is not
properly valued or that the fee paid is not sufficient, the
Court shall fix a date before which the subject -matter of the
suit shall be valued in accordance with the Court's decision
and the deficit fee shall be paid. If within the time allowed,
the subject -matter of the suit is not valued in accordance
with the Court’s decisi on or if the deficit fee is not paid, the
plaint shall be rejected and the Court shall pass such order
as it deems just regarding costs of the suit.
(3)(a) A Court of Appeal, in which an appeal is filed,
may, either of its own motion or on the applicatio n of any
Statement of
particulars of
subject-matter of
suit and plaintiff’s
valuation thereof.
Decision as to
proper fee.
6 [Act No. VII of 1956]
party, consider the correctness of any order passed by the
lower Court regarding the fee payable on the plaint or
written statement or in any other proceeding in the lower
Court and determine the proper fee payable thereon.
Explanation.—The power exercisable by a Court of
appeal under this clause shall be exercisable even if the
appeal relates only to a part of the subject-matter of the suit.
(b) If the Court of Appeal decides that the fee paid in
the lower Court is not sufficient, the Cou rt shall require the
party liable to pay the deficit fee within such time as may be
fixed by it.
(c) If the deficit fee is not paid within the time fixed
and the default is in respect of a relief which has been
dismissed by the lower Court and which the appellant seeks
in appeal, the appeal shall be dismissed, but if the default is
in respect of a relief which has been decreed by the lower
Court, the deficit fee shall be recoverable as if it were an
arrear of land revenue.
(d) If the fee paid in the lower Court is in excess of the
proper fee, the Court shall direct the refund of the excess to
the party who is entitled to it.
(4) Any question relating to the value for the purpose of
determining the jurisdiction of Courts shall be heard and
decided before the hearing of the suit as contemplated by
Order XVIII in the First Schedule to the Code of Civil
Procedure, 1908 (Central Act 5 of 1908).
12. A plaintiff who has been required to pay additional fee
may relinquish a part of his claim and appIy to have the
plaint so amended that the fee paid is sufficient for the claim
made in the plaint as amended. The Court may allow such
application on such terms as it considers just, the Court may
Relinquishment of
portion of claim.
[Act No. VII of 1956] 7
permit the plaintiff at any later stage of the suit to add to
claim the part so relinquished on payment of the additional
fee.
13. Where fee is payable under this Act on a writte n
statement filed by a defendant, the provisions of section 11
shall apply to the determination and levy of the fee payable
on such written statement, the defendant concerned being
regarded for the said purpose as the plaintiff and the plaintiff
or the co -defendant or the third party against whom the
claim is made being regarded as the defendant.
14. The provisions of sections 10 to 12 relating to the
determination and levy of fee on plaints in suits shall apply
mutatis-mutandis to the determination and levy of fee in
respect of a memorandum of appeal, cross -objection or
other proceeding in second appeal or in an appeal under
the Letters Patent.
15. The provisions of sections 10 to 12 shall apply to the
determinations and levy of fee in respect of petitions,
applications and other proceedings in Courts in the same
way as they apply to the determination and levy of fee on
plaints in suits.
16. (1) The High Court may depute officers to be
designated Court -fee Examiners to inspect the records of
Subordinate Courts with a view to examine the correctness
of the valuation of subject -matter and sufficiency of fee in
respect of proceedings in such Courts, and orders, if any
passed by the Courts in relation thereto.
(2) Questions relating to valuation of subject -matter and
sufficiency of fee in respect of proceedings in a Court raised
in reports submitted by such Court -fee Examiners shall be
heard and decided by such Courts.
Fee payable on
written
statements.
Fee payable on
appeals, etc.
Fee payable on
petitions,
applications, etc.
Court-fee
Examiners.
8 [Act No. VII of 1956]
17. For the purpose of deciding whether the subject -matter
of a suit or other proceeding has heen properly valued or
whether the fee paid is sufficient, the Court may hold such
inquiry as it considers necessary a nd may, if it thinks fit,
issue a commission to any person directing him to make
such local or other investigation as may be necessary and
to report thereon to the Court.
18. In any inquiry relating to the fee payable on a plaint,
written statement, petition, memorandum of appeal or other
document, or to the valuation of the subject -matter of the
claim to which the plaint, written statement, petition,
memorandum of appeal or other document relates, in so far
as such valuation affects the fee payable, the Court may, if it
considers it just or necessary to do so, give notice to the
State Government; and where such notice is given, the State
Government shall be deemed to be a party to the suit or
other proceeding as regards t he determination of any
question in the inquiry aforesaid and the Court’s decision on
such question shall, where it passes a decree or final order
in such suit or proceeding, form part of such decree or final
order.
CHAPTER IV
COMPUTATION OF FEE.
19. The fe e payable under this Act shall b e computed in
accordance with the provisions of this Chapter, Chapter VI,
Chapter VIII and Schedules I and II.
20. In a suit for money (including a suit for damages or
compensation, or arrears of maintenance, of annuities, or of
other sums payable periodically), fee shall be computed on
the amount claimed.
Inquiry and
commission.
Notice to the State
Government.
Fee how
computed.
Suits for money.
[Act No. VII of 1956] 9
21. Subject to the other provisions of this Act, in a suit
reIating to immovable p roperty, fee shall be computed on
three-fourths of the market value of the property.
22. In the suits hereinafter mentione d, fee shall be
computed as follows:-
(a) in a suit for maintenance on the amount claimed to
be payable for one year;
(b) in a suit for e nhancement or reduction of
maintenance, on the amount by which the annual
maintenance is sought to be enhanced or reduced;
(c) in a suit for annuities or other sums payable
periodically, on five times the amount claimed to be payable
for one year:
Provided that, where the annuity is payable for less than
five years, the fee shall be computed on the aggregate of
the sums payable.
23. (1) In a suit for movable property other than documents
of title, fee shall be computed-
(a) where the subject -matter has a market value, on
such value; or
(b) where the subject -matter has no market value, on
the amount at which the relief sought is valued in the plaint
or at which such rel ief is valued by the Court, whichever is
higher.
(2)(a) In a suit for possession of documents of title, fee
shall be computed on one -fourth of the amount or of the
market value of the property secured by the document
Suits for
immovable
property.
Suits for
maintenance and
annuities.
Suits for movable
property.
10 [Act No. VII of 1956]
where the plaintiff's title to the mo ney or the property
secured by the document is denied:
Provided that where such denial relates only to a
portion of the amount or property, fee shall be computed on
one-fourth of such portion of the amount or on one -fourth of
the market value of such portion of the property.
(b) In a suit for possession of documents of title,
where the plaintiff's ti tle to the money or the property
secured by the document is not denied, fee shall be
computed on the amount at which the relief sought is valued
in the plaint or at which such relief is valued by the Court,
whichever is higher.
Explanation.—The expression “document of title”
means a document which purports or operates to create
declare, assign, limit or extinguish, whether in present or in
future, any right, title or interest, whether vested or
contingent, in any property.
24. In a suit for a declaration with or without consequential
relief, not falling under section 25-
(a) where the prayer is for a declaration and for
possession of the property to which the declaration relates,
fee shall be computed on the market value of the movable
property or three -fourths of the market value of the
immovable property or on rupees three hundred , whichever
is higher;
(b) where the prayer is for a declaration and for
consequential injunction and the relief sought is with
reference to any immovable property, fee shall be computed
on one-half of the market value of the property or on rupees
three hundred, whichever is higher;
Suits for
declaration.
[Act No. VII of 1956] 11
(c) where the prayer relates to the plaintiff ’s exclusive
right to use, sell, print or exhibit any mark , name, book,
picture, design or other thing and is based on an
infringement of such exclusive right, fee shall be computed
on the amount at which the relief sought is valued in the
plaint or at which such relief is valued by the Court,
whichever is higher;
(d) in other cases, whether the subject -matter of the suit
is capable of valuation or not, fee shall be computed on the
amount at which the relief sought is valued in the plaint or at
which such relief is valued by the Court, whichever is higher.
25. In a suit for a declaration involving a question as to the
factum or validity of an adoption, fee shall be computed on
one-half of the market value of the movable and immova ble
property involved in, or affected by such declaration or on
rupees five hundred, whichever is higher.
26. In a suit for injunction-
(a) where the relief sought relates to any immovable
property, and where the plaintiff ’s title to the property is
denied, fee shall be computed on one -half of the market
value of the property or on rupees two hundred, whichever
is higher;
(b) where the relief sought relates to the plaintiff ’s
exclusive right to use, sell, print or exhib it any mark, name,
book, picture, design or other thing and is based on an
infringement of such exclusive right, fee shall be computed
on the amount at which the relief sought is valued in the
plaint or at which such rel ief is valued by the Court,
whichever is higher;
(c) in any other case, whether the subject -matter of the
suit has a market value or not, fee shall be computed on the
Adoption suits.
Suits for
injunction.
12 [Act No. VII of 1956]
amount at which the relief sought is valued in the plaint or at
which such relief is valued by the Court, whichever is higher.
27. (1) In a suit for possession or joint possession of trust
property or for a declaration, with or without consequential
relief, between trustees or rival claimants to the office of
trustee or between a trustee and a person who has ceased
to be a trustee, fee shall he computed on one -fifth of the
market value of the property subject to a maximum fee of
rupees two hundred or where the property has no market
value, on rupees one thousand.
(2) Where the property has no market value, value for
the purpose of determining the jurisdiction of Courts shall
be the amount stated in the plaint.
Explanation.—For the purpose of this section, property
comprised in a Hindu, Muslim or other religious or
charitable endowment shall be deemed to be trust property
and the manager of any such property sha ll be deemed to
be the trustee thereof.
28. In a suit for possession of immovable property under
section 9 of the Specific Relief A ct, 1877 (Central Act 1 of
1877), fee shall be computed on one -half of the market
value of the property or on rupees two hundred, whichever
is higher.
29. In a suit for possession of immovable property not
otherwise provided for, fee shall be computed on three -
fourths of the market value of the property or on rupees
three hundred, whichever is higher.
30. In a suit relating t o an easement by the dominant or the
servient owner, fee shall be computed on the amount at
which the relief sought is valued in the plaint or at which
such relief is valued by the Court, whichever is higher:
Suits relating to
trust property.
Suits for
possession under
the Specific Relief
Act, 1877.
Suits for
possession not
otherwise
provided for.
Suits relating to
easements.
[Act No. VII of 1956] 13
Provided that, where compensat ion is claimed in
addition to the relief relating to such easement, fee shall be
paid on the amount claimed as compensation in addition to
the fee payable on the relief relating to the easement.
31. (1) In a suit to recover the money due on a mortgage,
whether the sale of the mortgaged property is prayed for or
not, fee shall be computed on the amount claimed.
(2) If the holder of a prior mortgage or charge
impleaded as a defendant in such a suit pra ys in his written
statement for the determination of the amount due on his
mortgage or charge and for a direction in the decree for the
payment of such amount to him, fee shall be payable on the
written statement computed on the amount claimed:
Provided that, where the holder o f the prior mortgage or
charge has paid a fee in any other proceeding on the claim
to which his written statement relates, credit shall be given
for the fee paid by him in such other proceeding.
(3) Where, in such a suit, the mortgaged property is sold
and the holder of a prior or subsequent mortgage or charge
applies for payment to him, out of the sale proceeds, of the
amount due on his mortgage or charge, such holder of the
prior or subsequent mortgage or charge shall pay on his
application a fee computed on the amount claimed by him:
Provided that, where the holder of a prior or subsequent
mortgage or charge i s a party to the suit in which the sale
was held and has paid fee on the written statement filed by
him in the suit, no fee shall be payable by him on the
application for payment out of the sale proceeds:
Provided further that, where the holder of a prior or
subsequent mortgage or charge, not being a party to the
suit in which the sale is held, has paid a fee in any other
Suits relating to
mortgages.
14 [Act No. VII of 1956]
proceeding on the clai m to which his application relates,
credit shall be given for the fee paid by him in such other
proceeding.
(4) In a suit by a co -mortgagee, fee shall be computed
on the amount claimed on the entire mortgage:
Provided that, where any other co -mortgagee
impleaded as defendant in such suit claims on the entire
mortgage a sum larger than that claimed in the plaint, the
difference between the fee computed on the entir e sum
claimed in such defendant’ s written statement and the fee
computed on the entire sum claimed in the plaint shall be
payable on the written statement.
(5)(a) In a suit by a sub -mortgagee to recover the
amount claimed on the sub -mortgage by sale of the
mortgagee’s interest in the mortgaged property, fee shall be
computed on the amount claimed under the sub-mortgage.
(b) In a suit by a sub -mortgagee, if the prayer is for
the sale of the property mortgaged to the original
mortgagee and the original mortgagor is also impleaded as
a defendant, fee shall be computed on the entire amount
claimed on the original mortgage which is sub-mortgaged to
him.
(6) Where the holder of a pri or or subsequent mortgage
or charge is impleaded in a suit by a co-mortgagee to which
sub-section (4) applies, or in a suit by a sub -mortgagee to
which sub-section (5) applies, the provisions of sub-sections
(2) and (3) shall apply mutatis -mutandis to a written
statement or an application filed by such holder of mortgage
or charge.
(7) Where the original mortgagee who is impleaded in a
suit to which the provisions of sub-section (5) ( b) apply
[Act No. VII of 1956] 15
claims on the mortgage sub -mortgaged by him a larger
amount than is claimed in the plaint, the provisions of sub -
section (4) shall apply mutatis -mutandis to the written
statement of such original mortgagee.
(8) In a suit agains t a mortgagee for redemption of a
mortgage, fee shall be computed on the amount due on the
mortgage as stated in the plaint or on one -fourth of the
principal amount secured under the mortgage, whichever is
higher:
Provided that, where the amount due on the mortgage
is found to be more than the amount on which fee has been
paid by the plaintiff, no decree shall fee passed until the
deficit fee is paid:
Provided further that, in the case of any usufructuary or
anomalous mortgagee, if the plaintiff prays for redemp tion
as well as for accounts of surplus profits, fee shall be levied
separately on the relief for accounts as in a suit for
accounts.
(9) In a suit by a mortgagee t o foreclose the mortgage
or, in the case of a mortgage by conditional sale, to have the
sale declared absolute, fee shall be c omputed on the
amount claimed in the plaint.
32. (1) In a suit for account s, fee shall be comput ed on the
amount estimated in the plaint.
(2) Where the amount payable to the plaintiff as
ascertained in the suit is in excess of the amount as
estimated in the plaint, no decree dire cting payment of the
amount as so ascertained shall be passed unti l the
difference between the fee actuall y paid and the fee that
would have been payable had the suit comprised the whole
of the amount so ascertained, is paid.
Suits for
accounts.
16 [Act No. VII of 1956]
(3) Where in any such suit it is fo und that any amount is
payable to the defendant , no de cree shall be passed in his
favour until he pays the fee due on the amount.
(4) Whether or not a decree is passed under sub -
section (2) or sub -section (3), the fee payble under either of
the said sub -sections shall be recoverab le as if it were an
arrear of land revenue.
33. (1) In a suit for dissolution of partnership and accounts
or for account s of dissolved partnership, fee shall be
computed on the value of the plaintiff’ s share in the
partnership as estimated by the plaintiff.
(2) If the value of the plaintiff’ s share as ascertained in
the suit exceeds the value as estimated in the plain t, no
decree, or where there has been a preliminary decree , no
final decree shall be passed in favour of the plaintiff , no
payment shall be made out of the assets of the partnership
and no property shall be allotted towards the plaintiff ’s
share, until the difference between the fee actually paid and
the fee that would have been payabl e had the suit
comprised the whole of the value so ascertained, is paid.
(3) No fina l decree shall be passed in favour of a
defendant, no payment shall be made out of the assets of
the partnership and no property shall be allotted towards his
share in any such suit until the fee computed on the amount
or value of his share of the assets of the partnership is paid.
(4) Whether or not a decree is passed, payment made
or property allotted under sub-section (2) or sub-section (3),
the fee payable under either of the said sub -sections shall
be recoverable as if it were an arrear of land revenue.
34. (1) In a suit for partition and separa te possession of a
share of joint family property or of property owned, jointly or
Suits for
dissolution of
partnership.
Partition suits.
[Act No. VII of 1956] 17
in common, by a plaintiff who has been excluded from
possession of such property, fee shall be computed on the
market value of the movable propert y or three-fourths of the
market value of the immovable property included in t he
plaintiff’s share.
(2) In a suit for partition and separate possession of joint
family property or property owned, jointly or in com mon, by
a plaintiff who is in joint possession of such prop erty, fee
shall be paid at the following rates:-
When the plaint is presented to-
(3) Where, in a suit falling under sub -section (1) or sub-
section (2), the plaintiff or the defendant seeks also
cancellation of decree or other document of the nature
specified in section 37, separate fee shall be payable on the
relief of cancellation in the manner specified in that section.
35. In a suit for joint possession of joint family property or of
property owned, jointly or in common, b y a plaintiff who has
been excluded from pos session, fee shall be compu ted on
the market value o f the movable property or three -fourths of
the market value of the immovable property included in the
plaintiff’s share.
(i) a District Munsif’s Court .. Rupees fifty
(ii) a Subordinate Judge’s
Court or a District Court.
Rupees one hundred
if the value of
plaintiff’s share is
less than Rs.10,000.
Rupees two hundred
if the value is not
less than Rs. 10,000.
Suits for joint
possession.
18 [Act No. VII of 1956]
36. (1) In a suit for the administration of an estate, fee shall
be levied on the plaint at the rates specified in section 47.
(2) Where any amount or share or pa rt of the assets of
the estate is found due to the plaintiff, and the fee computed
on the amount or the market value of such share or part of
the assets exceeds the fee paid on the plaint, no payment
shall be made and no decree di recting payment of money
or confirming title to such share or part of the assets shall be
passed until the difference between the fee actually paid
and the fee computed on the amount or value of such share
or part of such assets is paid.
(3) No pa yment shall be made and no decree directing
payment of money or confirming title to any share or part of
the assets of the estate shall be passed in favour of a
defendant in a suit for administr ation until the fee computed
on the amount or value of such share or part of such assets
is paid by such defendant.
(4) In computing the fee payable by a plaintiff or by a
defendant under sub -section (2) or sub -section (3), credit
shall be given for the fee, if any, paid by such plaintiff or by
such defendant i n any othe r proceeding in respes t of the
claim on the basis of which such amount or share or part of
the assets of the estate becomes due to such plaintiff or to
such defendant.
(5) Whether or not payment is made or decree passed
under sub -section (2) or sub-sectien (3), the fee payable
under either of the said sub-sections shall be recoverable as
if it were an arrear of land revenue.
37. (1) In a suit for can cellation of a decree for money or
other property having a money value, or other document
which purports or operates t o create, declare, assign, limit
or extinguish, whether in present or in future, any right, title
Administration
suits.
Suits for
cancellation of
decrees, etc.
[Act No. VII of 1956] 19
or interest in money, movable or immovable property, fee
shall be computed on the value of the subject-matter of the
suit, and such value shall be deemed to be-
(a) if the whole decree or other document is sought to
be cancelled, the amount or value of the property for which
the decree was passed or other document was executed;
(b) if a part of the decree or other document is sought
to be cancelled, such part of the amount or of the value of
the property.
(2) If the decree or other document is such that the
liability under it cannot be split up and the relief claimed
relates only to a p articular item of property belonging to the
plaintiff or to the plaintiff ’s share in any such property, fee
shall be computed on the value of such property or share or
on the amount of the decree, whichever as less.
Explanation.—A suit to set aside an aw ard shall be
deemed to be a suit for cancellation of a decree within the
meaning of this section.
38. (1) In a suit to set aside an attachment by a Civil or
Revenue Court of any movable or immovable property or of
any interest therein or of any interest in revenue, or to set
aside an order passed on an application made to set aside
the attachment, fee shall be computed on the amount for
which the property was attached or on one -fourth of the
market value of the property attached, whichever is less.
(2) In a suit to set aside any other summary decision or
order of a Civil or Revenue Court, if the subject -matter of the
suit has a market value, fee shall be compute d on
one-fourth of such value, and in other cases, fee shall be
payable at the rates specified in section 47.
Suits to set aside
attachment, etc.
20 [Act No. VII of 1956]
Explanation.—For the purpose of this section, the
Registrar of Co-operative Societies shall be deemed to be a
Civil Court.
39. In a suit for specific performance, with or without
possession, fee shall be payable-
(a) in the case of a contract of sale, computed on the
amount of the consideration;
(b) in the case of a contract of mortgage, computed on
the amount agreed to be secured by the mortgage;
(c) in the case of a contract of lease, computed on the
aggregate amount of the penalt y or premium, if any, and of
the average of the annual rent agreed to be paid;
(d) in the case of a contract of exch ange, computed on
the amount of the con sideration, or as the case may be, on
the market value of the movable property or three -fourths of
the market value of the immovable property sought to be
taken in exchange;
(e) in other cases, where the consideration for the
promise sought to be enforced has a market value,
computed on the market value of the movable property or
three-fourths of the market value of the immovable property
or where such co nsideration has no market value, at the
rates specified in section 47.
40. (1) In the following suits between landlord and tenant,
namely:—
(a) for the delivery by a tenant of the counterpart of a
lease or for acceptance of patta in exchange for a muchilika;
(b) for the enhancement of rent;
Suits for specific
performance.
Suits between
landlord and
tenant.
[Act No. VII of 1956] 21
(c) for the delivery by a landlord of a lease or for
obtaining a patta in exchange for a muchilika;
(d) for the recovery of possession of immovable
property from which a tenant has been illegally ejected by
the landlord;
(e) for establishing or challenging a right of
occupancy;
fee shall be levied on the amount of rent for the
immovable property to which the suit relates, payable for the
year next before the date of presenting the plaint.
(2) In a suit for recovery of immovable property from a
tenant including a tenant h olding over, fee shall be
computed on the premium, if any and on the rent payable
for the year next before the date of presenting the plaint.
Explanation.—Rent includes also damages for use and
occupation payable by a tenant holding over.
(3) In an appeal from a suit to contest a distraint under
sub-section ( 1) or sub -section (2) of section 95 of 4[the
Andhra Pradesh (Andhra Area) Estates Land Act, 1908 (Act I
of 1908),] or to contest the right of sale under section 112 of
that Act, fee shall be charged on the amount of the arrears
for which the distraint has been made or the sale is
proposed to be held.
41. (1) In a suit for mesne profits or for immovable property
and mesne profits therefrom, fee shall, in respect of mesne
profits, be computed on the amount claimed as mesne
profits. If the profits ascertained to be due to the plaintiff are
4. Substituted for the original short title by the First Schedule to the
Andhra Pradesh Laws (Amendment of Short Titles) Act, 1961 (Andhra
Pradesh Act IX of 1961.)
Suits for mesne
profits.
22 [Act No. VII of 1956]
in excess of the profits as claimed, no decree shall be
passed until the difference between the fee actually paid
and the fee that would have been payable had the suit
comprised the whole of the profits so aseertained is paid.
(2) Where a decree directs an enquiry as to the mesne
profits which have accrued on the property, whether prior or
subsequent to the institution of the suit, no final decree shall
be passed until the difference between the fee actually paid
and the fee that would have been payable had the suit
comprised the whole of t he profits accrued due till the date
of such decree is paid.
(3) Where, for a period subsequent to the date of the
decree or final decree, such decree or final decree directs
payment of mesne profi ts at a specified rate such decree or
final decree shall not be executed until the fee computed on
the amount claimed in execution is paid.
(4) Whether or not a decree is passed under
sub-section (1) or sub -section (2) or executed under
sub-section (3), the fee payable under any of the said
sub-sections, shall be recoverable as if it were an arrear of
land revenue.
42. In a suit under section 14 of 5[the Telangana Survey and
Boundaries Act, 1923 (Act VIII of 1923),] fee shall be
computed on one-half of the market value of the property
affected by the d etermination of the boundary or on rupees
three hundred, whichever is higher.
43. In a suit to alter or cancel any entry in a register of the
names of proprietors of revenue -paying estates, the fee
payable shall be fifteen rupees.
5. Adapted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Suits under the
Telangana Survey
and Boundaries
Act, 1923.
Suits to alter or
cancel entry in a
register.
[Act No. VII of 1956] 23
44. In a suit for relief under section 14 of the Religious
Endowments Act, 1863 (Central Act 20 of 1863), or under
section 91 or section 92 of the Code of Civil Procedure,
1908 (Central Act 5 of 1908), the fee payable shall be fifty
rupees.
45. (1) In an interpleader suit, fee shall be payable on the
plaint at the rates specified in section 47.
(2) Where issues are framed regarding contentions of
the claimants, fee shall be computed on the amount of the
debt or the money or the market value of the movable
property or three -fourths of the market value of the
immovable property, which forms the subject -matter of the
suit. In levying such fee, credit shall be given for the fee paid
on the plaint; and the balance of the fee shall be paid in
equal shares by the claimants who claim the debt or the
sum of money or the property adversely to each other.
(3) Value for the purpose of determining the jurisdiction
of courts shall be the amount of the debt, or the sum of
money or the market value of the movable property or
three-fourths of the market value of the immovable property
to which the suit relates.
46. In third p arty proceedings, fee shall be levied on
one-half of the value of the contribution or indemnit y
claimed against a third party or against a co -defendant if a
claim is made against him:
Provided that, if the suit against the defendant who has
filed the third party notice is dismissed, wholly or in part, he
shall be entitled to a refun d of the whole or a proportionate
part of the fee paid by him.
Explanation.- The provisions of this section shall also
apply to counter-claims made in third party proceedings.
Interpleader suits.
Third party
proceedings.
Suits relating to
public matters.
24 [Act No. VII of 1956]
47. ln suits not otherwise provided for, fee shall be payable
at the following rates:—
When the amount or value of the subject -matter in
dispute—
48. The fee payable under this Act on a memorandum of
appeal against an order relating to compensation under any
Act for the time being in force for the acquisition of property
for public purposes shall b e computed on the difference
between the amount awarded and the amount claimed by
the appellant.
49. The fee payable in an appeal shall be the same as the
fee that would be payable in the Court of first instance on
the subject-matter of the appeal:
Provided that, in le vying f ee on a memorandum of
appeal again st a final decree by a person whose appeal
against the preliminary decree passed by the Court of first
instance or by the Court of appeal is pending, credit shall be
given for the fee p aid by such person in the appeal against
the preliminary decree.
Explanation (1). — Whether the appeal is against the
refusal of a relief or against the grant of the relief, the fee
payable in the appeal shall be the same as the fee that
would be payable on the relief in the Court of first instance.
(i) is less than Rs. 3,000. .. Rupees fifty
(ii) is not less than.Rs. 3,000
but does not exceed Rs.
5,000.
Rupees one hundred.
(iii) exceeds Rs. 5,000 but
does not exceed Rs.
10,000.
Rupees two hundred.
(iv) exceeds Rs. 10,000. .. Rupees three hundred.
Suits not
otherwise
provided for.
Fee on
memorandum of
appeal against
order relating to
compensation.
Appeals.
[Act No. VII of 1956] 25
Explanation (2). — Costs shall not be deemed to form
part of the subject -matter of the appeal except where such
costs form themselves the subject -matter of the appeal or
relief is claimed as regards costs on gr ounds additional to,
or independent of, the relieExcerpt shown. Open the full act in Lexace.